General Terms and Conditions of Sale

These General Terms and Conditions of Sale govern the sale of products marketed by Foscarini Spa, with its registered office at via delle Industrie, 27, Marcon (VE) – 30020, VAT No. 02259410278, and bearing the Ingo Maurer trademark ("Products") through the website shop.ingo-maurer.com ("Website").

The products marketed through the Website are sold to the purchaser (“Customer” or “Consumer”) by Calicantus S.r.l. ("Seller"), with its registered office at via L. Mazzon, 30 Quarto D'Altino (VE), VAT No. 037590272.

1. CONTACT DETAILS

1.1. For any information about the Products, you may contact Foscarini Spa by completing the form, sending a message to the email address webshop@ingo-maurer.com or calling +49 89 38160626.

1.2. For any information about orders, payments, shipping and returns, you may contact the Seller by completing the form.

2. CONCLUSION OF THE SALES CONTRACT

2.1. To purchase one or more Products, the Customer must complete an order form, providing all mandatory information requested.

2.2. The Customer may place orders either as a registered user, after creating an account, or as a guest. Before confirming the order, the Customer must read and accept these General Terms and Conditions of Sale by ticking the corresponding acceptance box.

2.3. The Customer will then receive an email acknowledging receipt of the order (the “Order Confirmation”). Receipt of the Order Confirmation does not constitute acceptance of the order offer.

2.4. The purchase is deemed finalised and concluded only when the order offer is accepted by the Seller. The Seller will send the Customer a subsequent email confirming acceptance of the purchase offer and informing them that the order is being prepared for shipment.

2.5. The order may be rejected in the following cases:

a) if the ordered Product(s) are unavailable;

b) if authorisation to charge the total cost of the Product(s) using one of the applicable payment methods is not granted;

c) if, at the time of purchase, the price shown is manifestly incorrect (e.g. prices that are too high or too low compared with the prices normally charged for the same Product, where no promotion is in effect to justify the price shown on the Website, or an incorrect calculation of VAT or other applicable taxes).

2.6. If the Seller rejects an order as indicated in paragraph 2.5 above, it will notify the Customer by email that the order has been rejected and will refund the Consumer if payment has already been made. This refund will be issued using the same payment methods used for the purchase (see Article 5), without undue delay and, in any event, within 10 (ten) working days of notification of the order rejection.

2.7. The images displayed on the Website are provided for illustrative purposes only. Although efforts are made to ensure that the representations of items on the Website are as accurate as possible in relation to those offered for sale, variations may occur. It is not possible to guarantee that the actual appearance of the items will correspond exactly to that displayed on the screen. Therefore, the Seller accepts no liability for errors or inaccuracies in photographs and/or graphic representations of the items, including any differences in colour shade or grain that may result from technical limitations in the rendering of colours and/or textures due to the specifications of the computer equipment used. In any event, even where there is an obvious discrepancy between the actual characteristics of the items and their representation, the Seller cannot be held liable for that discrepancy.

3. RIGHT OF WITHDRAWAL

3.1. The Customer is entitled to the right of withdrawal only if they purchase the Products as a consumer, as defined in Article 3, letter a), of the Italian Consumer Code. If the Customer purchases the Products as a trader, as defined in Article 3, letter c), of the Italian Consumer Code, the right of withdrawal may be granted at the Seller's discretion.

3.2. The Customer may withdraw from the Contract within 14 calendar days of the date of delivery of the Product. To exercise this right, the Customer need only follow the procedure set out in paragraph 3.3 below and the instructions in the Return Form before the withdrawal period expires.

3.3. The Customer must take all necessary measures to preserve the integrity of the Product and make every effort to ensure that the Product is returned in the best possible condition, with its original packaging undamaged, any instruction manuals or separate items, and all other components supplied. The Product must not have been handled beyond what is necessary to establish its nature, characteristics and functioning. If these conditions are met, the Customer will be entitled to a refund of the purchase price of the Product(s) concerned in accordance with the provisions below. The refund does not include the shipping costs for returning the Product(s), which remain payable by the Customer. The shipping costs incurred for delivery of the order will, however, be refunded.

3.4. If the Customer decides to return the Product, and provided that the right of withdrawal from the contract has been exercised within 14 days of delivery of the Product, the payments received will be refunded, using the same payment method used for the purchase, without undue delay and, in any event, no later than 14 days after receipt of the withdrawal notice and proof of return of the Product.

3.5. If the returned Product is damaged, malfunctioning, worn or tampered with, or shows physical, aesthetic or surface alterations due to improper use or negligence by the Customer, the Customer will be required to pay the price of the Product and the related costs, including shipping costs and taxes, as originally agreed. Furthermore, returns of Products whose serial numbers do not match those shown on the invoice accompanying the original delivery will not be accepted.

3.6. The right to withdraw from the Contract is excluded where the purchase concerns customised, made-to-measure Products pursuant to Article 59, letter c), of the Italian Consumer Code.

4. SHIPPING

4.1. The ordered Products will be delivered to the address specified by the Customer. Delivery times vary depending on the destination and the shipping method selected. Shipments are generally made on working days (Monday to Friday). The stated times are indicative and non-binding, provided that, in accordance with applicable consumer protection legislation, delivery must take place within a maximum of 30 days from the conclusion of the contract.

4.2. During promotional periods, sales or holidays, delivery times may be extended by up to 15 working days beyond normal transit times.

4.3. Once the order has been shipped, the Customer will receive, at the email address provided when placing the order, a notification containing the tracking number to monitor the delivery status.

4.4. Delivery by the courier to the address specified by the Customer may not be possible if the type of Products and/or the structural characteristics of the destination do not allow it. This may occur, for example, with particularly bulky or heavy items, or where lifts, goods lifts or other suitable conditions for transport to upper floors are unavailable.

4.5. Any applicable shipping costs will be indicated when completing the order.

4.6. The risk of loss of or damage to the Products passes to the Customer upon physical delivery of the goods, or when a person designated by the Customer takes possession of them.

5. PRICE, VAT, CUSTOMS DUTIES, PAYMENT METHODS

5.1. The prices applicable to the Products are those shown on the Website, except in the case of an incorrect price pursuant to Article 2.5, letter c). Unless otherwise specified before an order is placed, Product prices include VAT.

5.2. Payment for the Products may be made through PayPal.

6. LEGAL GUARANTEE OF CONFORMITY OF THE PRODUCTS

6.1. All Products purchased on the Website are covered by the legal guarantee of conformity for 24 months from the date of delivery, pursuant to Articles 128 et seq. of the Italian Consumer Code. The exercise of rights in the event of a lack of conformity, as provided for in Article 6.2 below, is subject to a forfeiture period of 26 months from the date of delivery.

6.2. Pursuant to Article 135-bis of the Italian Consumer Code, in the event of a lack of conformity of the Product, the Customer has the right to return the Product at no additional cost. For this purpose, the Customer may choose between repair and replacement of the Products. This right of choice may not be exercised if the requested remedy is impossible or would impose disproportionate costs on the Seller.

6.3. Where the repair or replacement of the Product has not been carried out or is impossible, or where the lack of conformity is particularly serious, the Customer is entitled to a price reduction or termination of the sales contract.

6.4. The guarantee under this Article is excluded where the Customer acts as a trader. However, the Customer retains the right to seek the remedies provided under the warranty against defects in the goods sold, pursuant to Articles 1490 et seq. of the Italian Civil Code.

6.5. In the event of a lack of conformity of the Products, the Customer may contact the Seller by completing the following form.

6.6. The Seller will assess the instances of non-conformity reported by the Consumer and will then decide whether to authorise the return of the Products, providing the Consumer with a response by email.

6.7. Where the Seller is required to refund the Consumer the price paid, the refund will, where possible, be made using the same payment method used by the Consumer when purchasing the Product.

7. INTELLECTUAL PROPERTY

7.1. The Ingo Maurer trademark and, more generally, all other trademarks, illustrations, images and logos appearing on the Products, their accessories and/or packaging that are registered are and remain lawfully at the disposal of Foscarini Spa. The total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any purpose and on any medium, is strictly prohibited without the prior express consent of Foscarini Spa. The same applies to copyrights, designs and models, and patents that are exclusively at the disposal of Foscarini Spa.

8. PRODUCT SAFETY (Regulation (EU) No. 2023/988 “GPSR”)

8.1 All Products sold on this Website are safe as required by Regulation (EU) No. 2023/988 on general product safety. Pursuant to Article 19 of that Regulation, we provide below the manufacturer's information and the email contact point webshop@ingo-maurer.com.

8.2 To report any concerns regarding the safety of the Products, you may contact the manufacturer at the email address above.

9. FORCE MAJEURE

9.1. The Seller cannot be held liable for any failure or delay in performing the obligations assumed herein due to circumstances attributable to it and beyond its reasonable and foreseeable control ("Force Majeure Events").

9.2. Force Majeure Events include, without limitation, the following circumstances:

a) strikes, lockouts and other industrial disputes;

b) civil mobilisations and uprisings, invasions, terrorist attacks or threats of terrorist attacks, armed conflicts (whether declared or not), or threats of and preparations for conflict;

c) fires, explosions, storms, floods, earthquakes, epidemics or other natural disasters;

d) the inability to use public or private telecommunications systems;

e) pandemics and lockdowns.

9.3. Performance of the Seller's obligations under these General Terms and Conditions of Sale shall be considered suspended for the period during which the Force Majeure Events persist. Despite the continuation of the Force Majeure Events, the Seller undertakes to do everything in its power to find solutions that allow it to properly fulfil its obligations.

10. PRIVACY

10.1. The Customer's personal data will be processed in accordance with the privacy policy.

10.2. For any further information regarding the processing of personal data, the Customer may contact the Seller by completing the following form.

10.3. To the extent permitted by law, the Seller may use the personal information provided by the Customer to carry out appropriate payment and anti-fraud checks. For this purpose, the Seller, as part of its data processing activities under applicable legislation, may ask the Consumer to provide identification details, including, where appropriate, a copy of an identity document; the personal information provided by the user may be verified, including by third parties such as a credit reference or fraud prevention agency, which may keep a record of such information.

11. APPLICABLE LAW AND JURISDICTION

11.1. These General Terms and Conditions of Sale and the individual contracts concluded with Customers are governed by Italian law.

11.2. Any dispute arising from the interpretation or performance of these General Terms and Conditions of Sale and their consequences shall fall within the exclusive jurisdiction of the courts of the Consumer's place of residence or domicile, in accordance with Article 66-bis of the Italian Consumer Code.

11.3 For the online resolution of disputes, the Customer may use the platform established by the European Commission for resolving disputes relating to online sales contracts ("ODR Platform"). Through the ODR Platform, the Customer and the Seller may resolve disputes relating to online purchases with the assistance of an impartial body. The ODR Platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show